July 1-2 2019
START DATE
END DATE
July 5 2019
LILLIAN CASEY MARTIN v. THE MINISTER OF NATIONAL SECURITY
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
Subair Williams J
Michael Fordham QC David Kessaram. Cox Hallett Wilkinson Limited
Myron Simmons Senior Crown Counsel; Lauren Sadler-Best Crown Counsel Attorney-General?s Chambers
FACTS OF THE CASE:
In 1997 Dr. James Martin entered into arrangements aiming to purchase Agar's Island if granted a license involving leasehold improvements to increase property value to meet the land valuation threshold for acquiring a license under the Bermuda Immigration and Protection Act 1956. Despite planning issues and a moratorium on licenses announced by the Government in 2005 Martin did not apply for a license until after the deadline passed in 2007. The statutory moratorium expired in 2012 and Martin died in 2013. His widow applied for a license in 2014.
SUMMARY:
Whether arrangements constituted an unlawful 'scheme' under the Act if applicant entitled to be granted a license if Minister's failure to grant the license was unlawful
OUTCOMES:
Applicant is entitled to a license to acquire Agar's Island failure to grant license is unlawful
RULED IN FAVOUR OF:
In Favour Of Plaintiff/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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LILLIAN CASEY MARTIN v. THE MINISTER OF NATIONAL SECURITY
In 1997 Dr. James Martin entered into arrangements aiming to purchase Agar's Island if granted a license involving leasehold improvements to increase property value to meet the land valuation threshold for acquiring a license under the Bermuda Immigration and Protection Act 1956. Despite planning issues and a moratorium on licenses announced by the Government in 2005 Martin did not apply for a license until after the deadline passed in 2007. The statutory moratorium expired in 2012 and Martin died in 2013. His widow applied for a license in 2014.